Medchem (P.R.), Inc. - Page 28




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          Those statements indicate that cost of goods sold of $1,730,804             
          and selling, general, and administrative expenses (including the            
          salary expense of MedChem U.S.A. employees working on Avitene               
          matters) of $2,789,224 incurred by MedChem U.S.A. were charged to           
          MedChem P.R.  On its Federal income tax return for that year,               
          MedChem P.R. reported:  (1) Taxable income of $5,862,541 and (2)            
          direct labor costs of $323,000.  MedChem P.R. claimed a                     
          $1,993,264 tax credit under section 936(a).                                 
                                     Discussion                                       
               The parties dispute whether MedChem P.R. may calculate its             
          1992 Federal income tax liability by using the Puerto Rico and              
          possession tax credit (possession tax credit) provided under                
          section 936(a).  A domestic corporate taxpayer such as MedChem              
          P.R. qualifies for this credit if it meets the following                    
          statutory requirements:                                                     
               SEC. 936. PUERTO RICO AND POSSESSION TAX CREDIT.                       
                    (a) Allowance of Credit.--                                        
                         (1) In general.--Except as otherwise                         
                    provided in this section, if a domestic                           
                    corporation elects the application of this                        
                    section and if the conditions of both                             
                    subparagraph (A) and subparagraph (B) of                          
                    paragraph (2) are satisfied, there shall be                       
                    allowed as a credit against the tax imposed                       
                    by this chapter an amount equal to the                            
                    portion of the tax which is attributable to                       
                    the sum of--                                                      
                              (A) the taxable income, from                            
                         sources without the United States,                           
                         from–                                                        





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